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If you are struggling to afford your payments on your student loan from HESAA, or you have defaulted, you are not alone. Lots of New Jersey residents are facing that problem and do not know what to do or if there are any solutions.

But then, after defaulting, you get a lawsuit in the mail, or handed to you by a court officer, saying that HESAA wants to get paid right now! This can knock you for a loop and be very stressful, and the question on your mind at that point is . . .

What Do I Do with the HESAA Lawsuit?

What do I do now? You may think that there is nothing you can do. After all, you borrowed the money and you have to pay it back. You just can't afford to do so. So you might just put it aside and take no action.

But that is exactly what you should not do!

You have 35 days from the date you receive the lawsuit to do something. If you do not, a judgment will be entered against you by default. You do not want that to happen!

Understand that taking action does not just mean filing an answer an disputing the debt; it means facing the debt head on and trying to work out payments. Believe it or not, it can be done!

Letting HESAA Get a Judgement Will Make Things Worse!

Once HESAA gets a judgment, you put them in the driver's seat, especially if you own, or ever hope to own, your own home. This is because once they get a judgment, they will record it as a lien against real estate. This is bad!

Look at it this way: Let's say you wait until they get a judgment before you work out a deal for monthly payments. You make the payments on time, every month, for a few years, then go to sell or refinance your home. At that point, the judgment lien will show up, and HESAA will be standing there with its hand out wanting a portion, or all, of the sale proceeds you were hoping to put into your pocket.

Refinancing? You may be forced to borrow more money against your home to give HESAA their lien share of the equity. This you definitely don't want!

Making a Deal Before Judgment is Better!

On the other hand, let's say you take the lawsuit as a wakeup call and reach out to the law firm representing HESAA to negotiate an affordable repayment plan. You succeed in obtaining an agreement for monthly payments without the entry of judgment as long as you make all of the payments on time.

In this scenario, you make payments, don't miss any, and if you choose to sell or refinance your home, then you can do so without any interference from them! You can get on with your life!

Help Is Available

You don't have to go it alone, though, if you get sued. You can call in the cavalry to help you hammer out a deal that will protect your home from judgment liens (if you take action right away). I have negotiated many an agreement with all of the New Jersey law firms that represent HESAA​, and can do so you you too.

So if you live in New Jersey, are being sued by HESAA, know that you need to take action and that you need an attorney by your side, then call my office immediately at 8556-432-4113 to schedule an appointment with my office.

]]>https://www.richardsonlawoffices.com/library/what-to-do-if-hesaa-sues-you-in-nj-on-a-class-student-loan.cfmwww.richardsonlawoffices.com-132000Wed, 03 Jun 2020 07:00:00 ESTCongress is currently working on another bill to assist people dealing with the COVID-19 pandemic. The bill's title is a tortured attempt at a meaningful acronym and is: the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. The bill is currently in the House as HR 6800.

The National Association of Consumer Bankruptcy Attorneys (NACBA), to which I belong, is pushing for several provisions that would help bankruptcy filers. In a recent article on their web site, they listed 5 that are now in the House bill and one that they hope will be added to the House-Senate compromise bill.

Keep Your CARES Act Benefits

Many people applying for mortgage relief and small business loans (PPP and EIDL) have been told that they can't get it because they are in bankruptcy. This has naturally kept other from filing for fear of losing those benefits.

The bill proposes to amend a section of the bankruptcy code (sec. 525) to state that no entity can discriminate against past or current bankruptcy debtors in providing COVID-related mortgage assistance.

Complete Your Chapter 13 Bankruptcy Plan Early

Did you file a chapter 13 bankruptcy before the pandemic in order to pay back your creditors, but later lost your job because of it? Have you incurred large medical bills due to COVID during your plan that make the monthly payments unaffordable?

Under a proposed section, people in chapter 13s would have the option of obtaining a discharge of their debt without completing payments and without converting to a chapter 7 (which could pose other problems or simply not be an available option). The only requirement would be that they have been in a chapter 13 for at least one year.

Extend Your Chapter 13 Plan to Save Your Home

But what if you still need to bring your mortgage current in your plan? Getting an early discharge of your other debt won't help you save your home. You would still come out of bankruptcy behind and facing foreclosure sale.You can't afford your current plan payment, but if you could extend your plan term, you could get a lower monthly amount and still make a go of it.

The problem is, the bankruptcy code caps the repayment plan at 5 years. However, the bill would allow you to extend your chapter 13 plan for up to an additional 2 years, not to exceed 7 years, solely to allow you to catch up on missed mortgage payments or on mortgage payments which had been subject to forbearances.

File Chapter 13 Even with High Student Loans

There are certain debt limits in place under the bankruptcy code if you wish to file a chapter 13 repayment plan (especially to save your home from foreclosure). You can only have a certain total amount of secured and unsecured debt to qualify. Otherwise, you would be left with having to file the much more expensive chapter 11.

But higher and higher student loan balances and mortgages have been blocking the way. The bill provides for each of these limits to be doubled.

Protect Your Home and CARES Act Benefits in a Chapter 7 Bankruptcy

Many people will be filing bankruptcy solely because of the pandemic; had it not occurred, they would be in fine financial shape. They might have lots of equity in their home and be receiving bailout money from the CARES Act and state aid that they don't want to lose.

The bill would create a minimum home equity exemption of $100,000 to protect that non-liquid asset from being sold by a bankruptcy trustee. To give you an idea, the federal exemption for home equity, used here in New Jersey, is $25,150 for 1 debtor and $50,300 for a married couple filing jointly.

In addition, CARES Act stimulus funds and personal bailouts will be protected, so that you can use them to pay the bills and try to get through the pandemic.

We Ain't There Yet!

Bear in mind that these are provisions in a House Bill that, although they passed it, would still have to go to the Senate, where it is set to face stiff opposition from Republicans. In its current form it carries a $3 trillion price tag. However, a compromise bill may still be possible that will contain this needed bankruptcy relief and cost a lot less. So if you are thinking of filing, keep your fingers crossed!

Need to File Bankruptcy Now?

Can't wait for these changes? Need to file now? If you live in Burlington, Camden, Gloucester, Salem or Cumberland County, have decided that you need to file, and are ready to take action, then call my office at 856-432-4113 for a virtual, online meeting to discuss your case.

]]>https://www.richardsonlawoffices.com/news/congress-trying-to-be-heroes-in-act-to-help-bankruptcy-filers.cfmwww.richardsonlawoffices.com-59251Thu, 21 May 2020 11:15:00 ESTBeing in debt is stressful, no question! It can weigh on your mind with constant worry about how you will ever be able to pay the debts and avoid bankruptcy. It can have you afraid to open your mail or answer the phone.

But there are helpful and constructive ways to deal with this stress, which is why in this episode of the podcast I talk to psychologist Dr. David Weiman on how you can address that stress head-on and keep it from ruling your life!

Links & Resources

Podcast Reviews

If you enjoy listening to this podcast, it will put a big smile on my face if you left a review on Apple Podcasts, or wherever you like to listen to podcasts.

]]>https://www.richardsonlawoffices.com/library/episode-105-dealing-with-financial-stress-with-dr-david-weiman.cfmwww.richardsonlawoffices.com-131910Wed, 20 May 2020 07:26:00 ESTDischarging student loans in bankruptcy is very difficult. You have to meet the requirements of an outdated, Draconian test to prove that paying the loans would cause you “undue hardship.”

Many people file bankruptcy to get rid of other crushing debt, like credit card balances and medical bills, but also have student loans that they can’t repay. They are in financial difficulty, but not so horrendously so as to be able to wipe out the loans. So they file to get a fresh start.

Sometimes the Bankruptcy Fresh Start Doesn't Work Out

But then, instead of things getting better for them financially, years down the road things get worse! They become disabled, lose their job and simply cannot find another one after months or years of looking, or cannot work in their profession due to loss of licensure, etc.

But There Is Good News

The good news is, you can go back and try again for the discharge! That’s right, you can reopen your bankruptcy, show that your situation now qualifies as “undue hardship” even though they did not when you originally filed, and try to get the loans discharged!

The bankruptcy code allows you to reopen a previously resolved and closed case to seek discharge from a student loan. One of the reasons for this is that you cannot file a new bankruptcy to address a debt that existed at the time of the prior filing.

The test is still tough, and you still have to take it, but at least you can wait until you have a chance of passing.

What Do I Do If I Qualify?

If you live in Burlington, Camden, Gloucester, Salem or Cumberland County, New Jersey, you have previously filed for bankruptcy and obtained a discharge, need to get rid of your student loans, and are ready to take action, then call me at 856-432-4113 to schedule an appointment for an analysis and evaluation of your situation.

Looking for a Plan B for your student loans in case you still don't pass the bankruptcy discharge test? We can talk about that too! There may be another, simpler, solution to your student loan problems that we can explore.

Related Topics

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]]>https://www.richardsonlawoffices.com/library/discharging-student-loans-with-prior-bankruptcy-filing.cfmwww.richardsonlawoffices.com-131442Wed, 20 May 2020 07:00:00 ESTDefaulting on your student loans can have a significant negative impact on your credit score and prevent you from realizing your dreams in life, like home ownership or even an affordable car payment. Getting out of default and into an affordable repayment plan is therefore critical to getting on a good financial track.

Default Cure Now Available for HESAA Student Loans

The good news is that, for a year now, there has been a way of doing this; the sad part is that so few people know about it. In the Spring of 2019, Governor Murphy signed into law a bill to offer income based repayment plans to borrowers that also made it possible to remove the default denotation from your credit reports! This would, in turn, cause the FICO score based on that report to go up.

The path towards a higher score is in two parts and will take up to a year to accomplish, but the rewards are certainly worth the time and effort. Here's what you need to do.

Negotiate an Affordable, Income Based Repayment Plan

The first step is to work out a way to repay the loan with HESAA. With the loan in default, it will have been assigned to a law firm for collection, so you will be negotiating with them. This involves filling out a one page financial disclosure form and attaching income documents like paystubs and tax returns.

HESAA will then review this form and propose a repayment plan that waives interest, so that you are paying down principal over time. Once you get to the end of the repayment period, the interest is forgiven, and you are finished. But it is important to note that should you default on this deal, all accrued interest will be rolled into principal, your balance will go up, and you will not be able to get a deal like this again.

The repayment term depends on how much you owe and what your financial disclosure indicates that you can afford to pay. I have been successful in negotiating principal-only repayment plans that have been as long as 30 years!

That may seem like a long time, but if the payment is affordable now, that's what's important. If things improve for you as the years go by, you can always make larger payments and pay it off sooner.

Bear in mind that this interest forgiveness could have tax consequences, and you should consult with an accountant before entering into an arrangement like this.

Make On Time Payments for 9 Months

Much like default rehabilitation in the federal system, HESAA requires you to make at least nine (9) on-time payments under the payment plan before they will take you out of default. Once you do that, the law firm will report to HESAA that you have done so, and it will then report to the credit agencies.

This process can take up to 90 days, so HESAA's always firms recommend that you not anticipate the reporting, and the increase in your score, until you are a year into your repayment plan.

I Can Help!

Over the years I have successfully negotiated many payment plans for clients that have helped them to get their financial lives back on track. Although I cannot guarantee success, I can say that failure to reach a deal is an extremely rare event for me.

If you live in New Jersey, have a defaulted HESAA loan, can afford to make a monthly payment, and are ready to take action, then call my office right away at 856-432-4113 to schedule an appointment or contact me by e-mail.

]]>https://www.richardsonlawoffices.com/faqs/can-default-on-my-hesaa-loan-be-removed-from-my-credit.cfmwww.richardsonlawoffices.com-65556Wed, 13 May 2020 07:00:00 ESTThe COVID-19 pandemic has caused a huge disruption in our economy, as millions of people experience job loss or pay reduction, leading to great difficulty (or outright inability) to pay their bills. Congress responded with the CARES Act in March that gave aid in several different sectors, including student loans.

As a student loan attorney, I have been following these developments and was encouraged by the help given in that area by this legislation. But as the assistance provided in the CARES Act doesn’t solve everyone’s problems, I wanted to talk in this episode about what you need to do during the pandemic to keep your student loans on track, whether they are federal or private.

Podcast Reviews

If you enjoy listening to this podcast, it will put a big smile on my face if you left a review on Apple Podcasts, or wherever you like to listen to podcasts.

]]>https://www.richardsonlawoffices.com/library/episode-104-student-loan-solutions-during-the-covid-19-pandemic.cfmwww.richardsonlawoffices.com-131727Wed, 06 May 2020 09:00:00 ESTIf a creditor is suing you then one of the scariest things that can happen is to get a Notice of Wage Garnishment in the mail! On top of the embarrassment of your employer knowing that you are having financial difficulty, that creditor will take out a chunk of your pay that you need to pay your bills!

What Can I Do About the Garnishment?

The notice you received is giving you an opportunity to object; make use of it! By requesting a hearing, you can get before a judge and either:

Stop the garnishment entirely; or

Reduce the amount taken to something that is affordable.

As to the first item, there aren't very many ways to stop it entirely. To do so, you would have to show that you already have one in place or that you do not make enough money at that job for them to take anything.

Stopping the Garnishment

If your weekly take-home pay is less than $217.50, then they can't garnish your pay. You would have to show that by providing the judge with several paystubs. Be sure to object in time and come to court prepared.

If you already have a garnishment in place and this is another one, I have good news and bad news for you: the good news is the court will prevent an additional garnishment on top of the existing one; the bad news is that the judge will put that creditor in line to start their garnishment once the existing one is over.

Reducing the Amount Taken in the Garnishment

If you make enough for a garnishment, and you don't already have one in place, then take this opportunity to ask the judge to reduce the amount taken to an affordable one. He or she has the discretion to do so. In other words, use it as a way to set up a payment plan with the creditor.

The only problem with that is, the creditor can also levy on your bank account later for even more money! You would need to reach a separate agreement with that creditor's attorney that the amount of money coming from the garnishment each pay is enough to pay the judgment over time, and that they will not seek any additional remedies through other executions against assets.

Is There Any Guaranteed Way to Stop It?

Yes, but it is definitely a last resort. You can stop the garnishment if you file for bankruptcy. The creditor's attorney must then notify the court and its officer that the garnishment must stop. Any moneys held by the court officer would then be returned.

If this is the only creditor you have, and you don't owe them that much (i.e. less than $8,000 or so), then you may be better served just toughing it out and paying it over time. This is because the fees and costs of filing a bankruptcy may not make sense in light of the amount that you owe.

]]>https://www.richardsonlawoffices.com/faqs/how-do-you-stop-a-nj-wage-garnishment.cfmwww.richardsonlawoffices.com-65223Wed, 06 May 2020 07:00:00 ESTOne of the many fears that people have that keep them from filing bankruptcy (or at least putting it off) is that they will lose the money in their pensions. They have all of that money saved for retirement, and they don't want it taken away from them.

Good news, though; it most likely won't happen!

Most Pensions Are Untouchable

Congress, when it wrote the bankruptcy code, was realistic; it knew that under most state's laws (like New Jersey), creditors can't levy or garnish a pension or a retirement account. So why should they be able to when you file bankruptcy? Why give creditors superpowers?

So what do I mean by "most pensions"? Well the bankruptcy code talks refers to and includes in the 100% exemption "retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986." So that 401(k) or 403(b) account is safe!

But You Could Still Lose the Money!

A problem can arise, though, if prior to filing bankruptcy you take funds out of the pension fund and put them into a bank account, intending to keep it rather than roll it over into something else. This often happens in the context of a divorce, where pension funds are distributed to the parties as part of equitable distribution, and can cause a problem.

There may be ways to deal with this and protect the money, depending on how much you took out. But that is really on a case-by-case basis.

A Big Reason Why You Need a Bankruptcy Attorney

This is another reason why you should have an attorney represent you in your bankruptcy. If you make a mistake with these pension funds, or have them in a non-qualifying account under the bankruptcy code, you could stand to lose them!

If you live in Burlington, Camden, Gloucester, Salem or Cumberland County, are considering filing bankruptcy, and are ready to take action, call me right away at 856-432-4113 or contact me through this site for a free consultation in my Woodbury office to discuss your case.

]]>https://www.richardsonlawoffices.com/faqs/will-i-lose-my-pension-if-i-file-bankruptcy-in-new-jersey.cfmwww.richardsonlawoffices.com-65386Wed, 29 Apr 2020 07:00:00 ESTWith the coronavirus pandemic forcing non-essential businesses to work virtually, the needs of those businesses have changed. Many may even discover that a virtual business model is better and change forever how they operate.

This is made possible by a growing number of cloud services that can allow companies to run smoothly with a distributed workforce. Some may realize that they can run with a reduced workforce and outsource some tasks to outside vendors.

But can that be done with things like your accounting department? To answer that question, I invited Frank Lunn of Kahuna Accounting, a virtual firm with clients all over the country, to talk to us on how it can be done!

In this episode you will learn:

How cloud accounting services can integrate with your other cloud platforms

How accounting services can be molded to your strategic financial goals

How accounting services can help you grow your business and reduce overhead

Podcast Reviews

If you enjoy listening to this podcast, it will put a big smile on my face if you left a review on Apple Podcasts, or wherever you like to listen to podcasts.

]]>https://www.richardsonlawoffices.com/library/episode-103-virtual-accounting-services-for-virtual-businesses.cfmwww.richardsonlawoffices.com-131590Thu, 23 Apr 2020 07:42:00 ESTEven though the sentencing guidelines were changed on December 1, 2019, and the consequences of a first offense DUI in New Jersey are not as severe, you can still lose your license! It all depends on what your blood alcohol reading was when you gave those breath samples.

You Can Keep Your License If You Were Tipsy

There is a cutoff on the reading for first offenses when it comes to license suspension. With a reading between 0.08% and 0.099%, you face the following:

A fine of between $250 and $400

Incarceration ranging between 12 hours and 30 days (rare)

Use of an Interlock Device for 3 months

Approximately $700 in other fees, charges and costs

Should your reading be 0.10% to 0.14%, however, you face:

A fine of between $300 and $500

Incarceration ranging between 12 hours and 30 days (again, rare)

Use of an Interlock Device for 7-12 months

$364 in other fees, charges and costs

A BAC of 0.15% or Higher Means Trouble

If your BAC is 0.15% or higher, then your license will be suspended for 4-6 months (starting on the date you prove that the IID has been installed in your car), and then the device must remain in your car for another 9 to 15 months after license restoration.

This means that, unless you can take public transportation or have someone else drive you, chances are you will lose your job. Even at the minimum, few if any employers are going to do without you for that period of time; they will fire you and get someone else to replace you!

A DUI Conviction Can Still Devastate Your Life!

Even without a license suspension, a drunk driving conviction can have additional devastating effects on your life, including:

So Don't Give Up the Fight!

Most people think that there is nothing they can do about their DUI charge; they just give up and plead guilty. Don't surrender; you may have defenses! If you want to know what they are, click here! Then scroll down and see what to do next!

What Should I Do?

Considering what you face, if you have been charged with drunk driving, you need to consult with a lawyer. If you received the ticket in Burlington, Camden, Gloucester, Salem or Cumberland County, want to do everything you can to avoid conviction, and are ready to act, then call me immediately at 856-432-4113 or contact me through this site to schedule an appointment in my Woodbury office to discuss your options.

]]>https://www.richardsonlawoffices.com/library/why-your-license-could-be-suspended-for-a-first-offense-dui-in-nj.cfmwww.richardsonlawoffices.com-130974Wed, 22 Apr 2020 07:00:00 ESTMost states in the union share motor vehicle violations with each other through something called the Interstate Driver License Compact. The only ones that don't are Georgia, Wisconsin, Massachusetts, Michigan, and Tennessee. This means that if you get a ticket in another state that is a part of the compact, the New Jersey Motor Vehicle Commission will find out about it.

This can cause a big problem for you if you get charged in New Jersey for drunk driving, but have a prior conviction for same in another state.

This will also happen whether the prior offense was committed in a state that is not a member of the Compact. As long as the prior conviction was pursuant to an out of state statute that is "of a substantially similar nature" to New Jersey's DUI statute, it counts as a prior offense.

You Might Be Able to Fight the Enhancement

Even though you had a prior conviction in another state, you might still be able to avoid an enhanced penalty. Remember, that statute has to be "of a substantially similar nature" to ours. Thus, you can exclude it if you can prove by clear and convincing evidence that the other state's statute is significantly different than ours.

This can also help you when you get that out of state DUI conviction and then come home. Remember, the states talk to each other, so New Jersey will know about it and suspend your New Jersey license administratively. You can still request a hearing and challenge the suspension!

You Need a Lawyer for Your Drunk Driving Charge!

So as you can see, there is just too much at risk not to have an experienced DUI attorney represent you in court; don't handle it yourself! A successful challenge to that prior, out of state conviction could make a big difference in the consequences you face!

If you have been charged with drunk driving in Burlington, Camden, Gloucester, Salem or Cumberland County, call me immediately at 856-432-4113 or contact me through this site to schedule a free consultation.

]]>https://www.richardsonlawoffices.com/library/out-of-state-dui-convictions-can-make-your-nj-dui-charge-worse.cfmwww.richardsonlawoffices.com-130829Wed, 15 Apr 2020 07:00:00 ESTThe coronavirus pandemic has shut down a lot businesses and forced many others to operate virtually, often times with reduced staff. Revenues have dropped, and businesses are looking for ways to pay their expenses until the crisis is over.

Our situation today is a much bigger example of what happens to businesses every year, where they are going through tough times and need financing to keep going until things get better. That’s why in this episode of the podcast I talk with Ty Crandall, CEO of Credit Suite, on how you can get business credit for bridge financing to make sure your business stays in business.

Podcast Reviews

If you enjoy listening to this podcast, it will put a big smile on my face if you left a review on Apple Podcasts, or wherever you like to listen to podcasts.

]]>https://www.richardsonlawoffices.com/library/episode-102-getting-bridge-financing-for-your-business.cfmwww.richardsonlawoffices.com-131394Thu, 09 Apr 2020 11:30:00 ESTDefaulted student loans can wreak havoc with your credit score and cause other problems with your life. The U.S. Department of Education has had a default rehabilitation program for decades that can have the default removed from your credit, thus causing your score to jump up.

The problem is, many people had to turn to private student loans to bridge the gap between the cost of attendance at their school and the amount they were able to get from the federal government. Defaults on those loans could not be removed, even if the borrower entered into an acceptable and affordable repayment plan!

That was until now.

Removing Default from Your HESAA Loans!

On May 24, 2018, the "Economic Growth, Regulatory Relief, and Consumer Protection Act" became law, and permitted private student loan lenders to delete defaults from a borrower's credit report if the borrower demonstrates a willingness to repay the loan.

Then, on April 25, 2019, New Jersey Governor Murphy signed into law legislation that defines a "willingness to repay" a defaulted New Jersey CLASS loan as making 9 on-time monthly payments over the course of 10 consecutive months pursuant to a settlement agreement.

Stop Suffering in Default!

Having loan defaults on your credit hurts, as I said. They lower your credit score to the point where getting new credit is next to impossible, and even if it is, the interest rate is sky high! A lower score can also keep you from getting a better job or a security clearance.

Then it can get worse! Holders of those defaulted debts then send them out to debt collectors who hound you and law firms that sue you, garnish your wages, and levy on your bank accounts!

Isn't it time to make things better?

So What Do I Do?

If you live in New Jersey, have defaulted on your CLASS loans from HESAA, have the ability to pay something towards the loans, and are ready to take action, then call my office immediately at 856-432-4113 to schedule an appointment to review your situation. I have been successful for many clients in helping them into affordable repayment plans for their loans!

Related Topics

If you liked this information and found it useful, then you might like or need these others:

]]>https://www.richardsonlawoffices.com/faqs/will-a-payment-plan-on-my-defaulted-hesaa-loan-help-my-credit.cfmwww.richardsonlawoffices.com-65312Wed, 08 Apr 2020 07:00:00 ESTJane (not her real name) had a problem; she had been charged with shoplifting by a local dollar store, having been confronted in the parking lot. As a result, she was facing up to six months in jail, up to $1,000 in fines, and at least 10 days of community service. Not the least of which she would be left with a criminal record!

Conditional Dismissal of Charge Not Possible

The item she was alleged to have taken was not of great value (about $38), but the consequences were still serious. Ordinarily, she would have been able to get a Conditional Dismissal from the court. Unfortunately, she was not eligible for this option.

Fortunately, she did not choose to handle this herself and just plead guilty, figuring there was nothing she could do. Upon retaining me, I reviewed the police report and other evidence provided by the prosecutor. That review showed that there was shaky evidence of her concealing the merchandise in her purse (a key element to a shoplifting charge).

But the Shoplifting Charge was Still Dismissed

I then spoke with the prosecutor, who stated that the store manager who had signed the complaint didn't care as much about the stolen goods as much as being sure that Jane would not return to the store. Knowing this, I was able to negotiate not a Conditional Dismissal, but a Dismissal with Conditions. This meant that the charge would be dismissed as long as Jane did not return to the store. If she did, she would be charged with trespassing.

In this way she was able to avoid a criminal record, along with the fines and the jail time, as long as she did not go back to that store (which was no large sacrifice).

Charged with Shoplifting? Get a Lawyer!

This is just one of many instances in which having an attorney can help you minimize or eliminate the consequences of a municipal court charge. Never go it alone. Get an attorney to help you!

If you have been charged with shoplifting in Burlington, Camden, Gloucester, Salem or Cumberland County, realize that you need a lawyer, and are ready to take action, then call my office at 856-432-4113 to schedule an appointment with me to discuss your case.

Related Topics

If you liked this information and found it useful, then you might like or need these others:

]]>https://www.richardsonlawoffices.com/case_results/nj-shoplifting-charge-dismissed-with-conditions.cfmwww.richardsonlawoffices.com-15718Wed, 08 Apr 2020 07:00:00 ESTOn March 27, 2020, a stimulus bill was signed into law that helps people deal with the devastating economic effects of the coronavirus. Many of the provisions help student loan borrowers, and while they provide some welcome relief, the new law does not address all of the problems that student loan borrowers face. So what you do next about your loans can make a big difference!

How the Stimulus Bill Helps

There are certainly some good and helpful provisions in the new law. For example:

Payments and interest on all federal loans held by the U.S. Department of Education will be suspended for six months, to September 30, 2020. You don't even have to do anything; this will happen automatically.

Even though payments will be suspended, those six months will still count as qualifying “payments” for relevant student loan forgiveness programs, including Public Service Loan Forgiveness.

The Department of Education will also suspend collections efforts on defaulted federal student loans, and will cease wage garnishments, Social Security offsets, and tax refund seizures.

Many Americans will receive direct payments from the government of up to $1,200 which should be shielded from Treasury Offset, a program used to seize federal income streams to satisfy defaulted federal student loans.

Sounds good, right? The next 6 months will be easier! Not necessarily!

How the Stimulus Bill Doesn't Help

The bill was carefully worded, and skirts around a lot of issues that student loan borrowers have, and will still have during those six months. Just to name a few:

The law is specific in what it covers when it comes to federal loans: Direct Loans held by the U.S. Department of Education. This means that if you have an older FFEL loan, originated and still held by a private bank, you're out of luck. The same is true for Perkins loans, which are held and administered by the school.

Even though they will not actively garnish your wages on a defaulted loan during this period, if the wage order was issued it will still be in place and can prevent you from getting out of default through a loan consolidation.

It doesn't help you with your New Jersey CLASS loan through HESAA or with any private loans.

It doesn't forgive the loans, so you will still be facing problems once the music starts again on October 1, 2020.

So as you can see, Congress' Stimulus Bill does patch some cracks in the dam, but a lot of water is still leaking through and can drown you eventually.

What You Should Do Before October 1

But that doesn't mean that Congress hasn't given you a great opportunity to take action and get things back on track! You can use this time to make your whole situation better. You can:

Get out of default on all of your federal loans (not just the direct ones), and into an affordable, income driven repayment plan. Don't have a job? The negotiated payment could be as low as $0.00!

If your federal loans are delinquent, then get into an affordable repayment plan now, so that you will be in the right place on October 1

Reach out to HESAA on any CLASS loans you may have that are not yet in default. There may be some relief there as well.

You need to cover all of the bases to resolve all of your student loan problems, so don't wait! Now's the time to act!

Need Help with That?

Navigating all of these waters can be tricky and not for the faint of heart. If you have tried it yourself and failed, or if you just want someone else to deal with it, then I can help! Just call my office at 856-432-4113 to schedule a virtual appointment, so I can analyze your situation.

]]>https://www.richardsonlawoffices.com/news/covid19-coronavirus-stimulus-package-on-student-loans.cfmwww.richardsonlawoffices.com-59167Wed, 01 Apr 2020 08:15:00 ESTPeople in financial difficulty don't want to file bankruptcy. They don't want the perceived stigma, it makes them feel like a failure, and they don't want to trash their credit. Hey, I get it! No one wants to do it! But the thing is, it might be the best thing you can do to get your life back to normal!

How Bankruptcy Can Get Your Life Back to Normal

Imagine your life before you had a mountain of credit card debt or before you had that injury or illness that racked up the medical bills. Remember how you could write that check for the mortgage, rent, or car payment without the worry of whether the money was in the account to cover it?

The stress of dealing with that debt can be immense with the feeling of being trapped and there being no way out.

But for most people, the way out is bankruptcy, but for one reason or another, they don't want to open that door and go through it. Bankruptcy can get rid of that debt that is preventing you from going back to that happier, more normal, life!

Bankruptcy has also allowed them, in many cases, to pay back some (or all) of their debt over time with a monthly amount they can afford through a chapter 13 repayment plan. This provided them with the opportunity to get their lives back to normal, while also making it possible to meet their financial obligations within their financial means.

Famous People Don't Fear the Bankruptcy Stigma

There are a lot of celebrities that have filed bankruptcy without the fear of the stigma that goes with it (which more people see because they are famous) and often with much more debt than you may have. They include Larry King, Mike Tyson, Burt Reynolds, and Cyndi Lauper.

Rapper Fifty Cent (aka Curtis Jackson III) also filed a chapter 11 bankruptcy, but it is the type of bankruptcy and the reason it was filed that make it interesting.

What Made 50 Cent File Bankruptcy?

The bankruptcy was filed a few days after a jury ordered him to pay $5 million in compensatory damages in an invasion-of-privacy lawsuit. On top of that, the jury in the case was scheduled to deliberate on possible punitive damages, but the filing may put the trial on hold.

Thus the bankruptcy stay acted as an effective shield to halt the proceedings, so that he could take a breath and figure out what he was going to do next. The Associated Press quotes his lawyer as saying,

"Mr. Jackson's business interests will continue unaffected in the ordinary course during the pendency of the Chapter 11 case. This filing for personal bankruptcy protection permits Mr. Jackson to continue his involvement with various business interests and continue his work as an entertainer."

In other words, filing bankruptcy got his life back to normal!

The Power of the Bankruptcy "Shield"

Businesses, as well as individuals who have a large amount of debt, can file a chapter 11 to "reorganize" financially, using powerful tools to gain leverage with creditors. Here, Jackson was able to stave off the litigation from getting even worse, forcing the other party to come to bankruptcy court to seek satisfaction on the $5 million judgment and try further to get punitive damages. In the meantime, he was able to continue to generate income and preserve his assets while he came up with a plan to deal with it.

What Does This Mean to You (and Everyone Else)?

So what does this mean to everyone else? It means that when you are hit with a lot of debt, suddenly as with 50 Cent, or over time, bankruptcy can help. One of the big advantages is that it can help people deal with their debt more on their terms, while being able to live their lives free of creditor harassment.

If you live in Burlington, Camden, Gloucester, Salem or Cumberland County and are considering filing bankruptcy, call me at 856-432-4113 or contact me through this site for a free consultation in my Woodbury office to discuss your case.

]]>https://www.richardsonlawoffices.com/library/how-filing-bankruptcy-can-get-your-life-back-to-normal.cfmwww.richardsonlawoffices.com-129269Tue, 31 Mar 2020 07:00:00 ESTThe outbreak of the Corona Virus and the recent drop in the stock market has a lot of people worried about their retirement investments. What does the current bear market mean for their retirement? Should they stop investing or keep going? Or if they are already retired, will they be okay, or will they have to go back to work?

To answer these questions, I invited back financial planner Michael Karwic to talk about what this means to 20-somethings who have just started investing, 50-somethings who are starting to see retirement on the horizon, and retirees, who are already living on their retirement investments.

Podcast Reviews

If you enjoy listening to this podcast, it will put a big smile on my face if you left a review on Apple Podcasts, or wherever you like to listen to podcasts.

]]>https://www.richardsonlawoffices.com/library/episode-101-investment-strategies-for-when-the-market-drops.cfmwww.richardsonlawoffices.com-131147Wed, 25 Mar 2020 08:12:00 ESTMany people believe that there is something shameful about filing bankruptcy. They see it as a failure to honor a commitment that they made to their creditors upon which they are now reneging. In their minds, it is morally wrong.

Bankruptcy Is Not Morally Wrong

Nothing could be further from the truth, however! I was in a Baptist church yesterday attending the presentation of two children born into my extended family, when the pastor gave a sermon on Deuteronomy, chapter 15, verses 1 to 11. I was quite struck with the words:

At the end of every seven years you must cancel debts. This is how it is to be done: Every creditor shall cancel any loan they have made to a fellow Israelite. They shall not require payment from anyone among their own people, because the Lord’s time for canceling debts has been proclaimed. (Verses 1 and 2).

What is even more interesting is that, until October of 2005, the bankruptcy laws allowed people to file a (chapter 7) bankruptcy once every 7 years! Although the 2005 revisions changed this to 8 years, you can see the Scriptural parallel!

Forgive Yourself Along With Your Debts

So, if your time has come, it’s okay. It is in the cycle of things that debts be forgiven, especially if they weigh you down so much that you find little happiness in your life. Discharge is also called “debt forgiveness.” If your creditors can forgive you your debts, you can forgive yourself for being unable to pay!

You're Not Giving Up Either!

I have been helping folks here in the Woodbury, Gloucester County, area for over 20 years now, and I have seen where people have just felt too ashamed to pull the trigger. They live on the hope that they will get a job, or a better job, or modify their mortgage, or refinance their home, and they won't have to file. That would be giving up.

Those That File Are Glad They Did!

The irony of the whole thing is that I have had clients tell me that filing bankruptcy was the best thing they ever did! The bad times are past, and they can see themselves climbing out of the hole.

Part of the tragedy of this is that the "never give up" people could have felt that renewal, but are denying it to themselves. But the real tragedy is that they often dig the hole even deeper before giving themselves permission to climb out of it. They

Rather than dig the hole deeper, you should climb out of it and move on! Find out if it is the right solution to your situation. Then, if it is, don't wait. You are not giving up; you are not doing anything wrong; you are moving on.

I Can Help

If you live here in the Gloucester County area, and have been considering bankruptcy, don't wait. Feel free to give my office a call at 856-432-4113 or contact me through this site to schedule an appointment in my Woodbury office to talk about your situation.

]]>https://www.richardsonlawoffices.com/library/a-nj-bankruptcy-is-nothing-to-be-ashamed-of.cfmwww.richardsonlawoffices.com-129490Mon, 23 Mar 2020 07:00:00 ESTPeople filing bankruptcy don't have a lot of money; I get it. This is something that I have known for the 20+ years I have been doing this type of work. For this reason, price is often a key factor for anyone shopping for a bankruptcy lawyer. The irony is, it shouldn't be.

It Isn't the Price; It's the Relationship

Think about it. Bankruptcy is something you thought you would never have to do, and it is most likely a scary prospect for you. You are losing sleep over questions like:

What will happen to my credit?

Will I lose my home?

Do I make too much money to file?

When you look for a bankruptcy lawyer, you are looking for someone you trust to guide you safely through this process, to answer your questions truthfully and accurately, to assure you that you are doing the right thing.

It is about relationships, not price. Ask yourself this: How much is my peace of mind worth?

Why the Cheaper Bankruptcy Fee Isn't the Best Deal

How much will you see, and work directly with, this trusted guide?

There are so many hours in the work day, and as such, only so much time an attorney can spend on the cases he is handling. For a bankruptcy attorney, this means a finite amount of money he can make for the cases he takes on in the course of a year. Beyond that, if he takes on more work, he needs to hire staff to handle the overflow.

Discount bankruptcy lawyers make money on volume, so the more cases they take on, the less time they have to work on any one of them. The paralegals are the ones that do most of the work and the ones you will be talking to. Very often the next time you talk to that lawyer you hired will be when you meet with the trustee after the bankruptcy is filed!

Why the Higher Fee Has More Value

Although I am not the cheapest bankruptcy attorney in the Gloucester County area, I am not the most expensive, either. As I do not rely on volume to make enough money to pay my bills, I can take fewer cases, and give each one the personalized attention it deserves. I will be with you every step of your journey.

Filing bankruptcy is a turning point in your life. It is serious, and for many it is rather scary. People need to know that they can talk to their attorney with questions that are keeping them up at night without wallowing in voicemail Hell or being shunted off to an underpaid, overworked, inexperienced paralegal.

So What Do I Do?

If you live in Burlington, Camden, Gloucester, Salem or Cumberland County and are looking for an attorney who is approachable, knowledgeable, and has the requisite time to give YOUR case the attention it deserves, call me at 856-432-4113 or contact me through this site for a free consultation in my Woodbury office to discuss your case.

]]>https://www.richardsonlawoffices.com/library/price-not-important-when-it-comes-to-your-nj-bankruptcy-attorney.cfmwww.richardsonlawoffices.com-129488Thu, 19 Mar 2020 07:00:00 ESTPeople that are in debt get lots of mail from creditors, collection agencies, and finally lawyers. After a while, they stop opening it, knowing that it is going to be bad news that they can't do anything about. They stick their heads in the sand.

Unfortunately, ignoring a problem never makes it go away, and what you don't know can hurt you a lot. This is especially true when it comes to debt collectors. Eventually, creditors will bring suit, get a judgment, and then look to collect on it in the form of a bank levy or a wage execution.

Resolving Debt Early On Is Better

Although it is possible to resolve debt problems that have gotten this far, it is much easier to do it earlier on in the process. This is because:

Creditors might well take less in a lump sum if they don't have to share it with the collection agency or the lawyer to pay their fees (or those fees won't be added to what you owe if the agreement with the creditor makes you responsible for collection costs).

They might be more willing to take a monthly payment that is lower than the wage execution rate if such an execution (and the establishment of cash flow for same) is months away. In other words, less per month starting now is better than more per month starting later.

You can avoid the major disruption to your life that a wage execution or bank levy can cause.

Once a wage garnishment is in place, all options other than a lump sum payment are usually off the table.

These days, whether it is credit card debt, medical bills from an unexpected illness or injury, or a student loan, when the dogs start barking, they all bark at once. If you are in a situation like this, the sooner you contact me the better.

Can I Help?

I have helped many people deal with mounting debt, and working towards a solution is the best cure for the stress that overwhelming debt can cause.

If you live in Burlington, Camden, Gloucester, Salem or Cumberland County and want a lawyer to represent you against your creditors, call my office at 856-432-4113 or contact me through this site to schedule an appointment to come in.

I have represented creditors for many years and am familiar with the collection industry and how it ticks. Put my experience to work for you!